[Assumption of medical risks and the problem of medical liability in ancient Roman law].
The claim of an individual to assure his health and life, to assume and compensate the damage from diseases and accidents, had already appeared in the system of the ancient Roman law in the form of many singular legal institutions. In lack of a unified archetype of regulation, we have to analyse the damages caused in the health or corporal integrity of different personal groups: we have to mention the legal interpretation of the diseases or injuries suffered by serves, people under manus or patria potestas and free Roman citizens. The fragments from the Digest od Justinian do not only demonstrate concrete legal problems, but they can serve as a starting point for further theoretical analyses. For example: if death is the consequence of a medical failure, does the doctor have any kind of liability? Was after-care part of the healing process according to the Roman law? Examining these questions, we should not forget to talk about the complex liability system of the Roman law, the compensation of the damages caused in a contractual or delictual context and about the lex Aquilia. Although these conclusions have no direct relation with the present legal regulation of risk assumption, we have to see that analysing the examples of the Roman law can be useful for developing our view of a certain theoretical problem, like that of the modern liability concept in medicine as well.
Váradi
Agnes
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Széchenyi István Egyetem, Gyor. agivaradi@freemail.hu
D035881:Compensation and Redress / Q000266:history* / Q000331:legislation & jurisprudence; D049690:History, Ancient; D006801:Humans; D007883:Legislation, Medical / Q000266:history* / Q000458:organization & administration; D016365:Liability, Legal / Q000191:economics / Q000266:history*; D008318:Malpractice / Q000266:history* / Q000331:legislation & jurisprudence; D018644:Roman World / Q000266:history